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The document ceased to be valid since  January 30, 2017 according to Item 1 of the Order of the Government of the Republic of Kazakhstan of January 25, 2017 No. 15 

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of January 13, 2012 No. 45

About approval of Rules of establishment of quota for attraction of foreign labor power to the Republic of Kazakhstan, Rules and conditions of issue of permissions to the foreign worker to employment, and also employers on attraction of foreign labor power and the foreign workers translated within the internal translation and about modification of the order of the Government of the Republic of Kazakhstan of June 19, 2001 No. 836 "About measures for implementation of the Law of the Republic of Kazakhstan of January 23, 2001 "About employment of the population"

(as amended on 15-12-2016)

According to item 4 of article 37 of the Law of the Republic of Kazakhstan of July 22, 2011 "About population shift" the Government of the Republic of Kazakhstan DECIDES:

1. Approve enclosed:

1) ceased to be valid according to the Order of the Government of the Republic of Kazakhstan of 15.12.2016 No. 802 

2) Rules and conditions of issue of permissions to the foreign worker to employment, and also employers on attraction of foreign labor power and the foreign workers translated within the internal translation.

2. Bring in the order of the Government of the Republic of Kazakhstan of June 19, 2001 No. 836 "About measures for implementation of the Law of the Republic of Kazakhstan of January 23, 2001 "About employment of the population" (SAPP of the Republic of Kazakhstan, 2001, No. 23, the Art. 288) the following change:

1) of Item 1 to exclude the subitem.

3. This resolution becomes effective after ten calendar days after the first official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of January 13, 2012 No. 45

Rules of establishment of quota for attraction of foreign labor power to the Republic of Kazakhstan

Voided according to the Order of the Government of the Republic of Kazakhstan of 15.12.2016 No. 802

 

 

Approved by the Order of the Government of the Republic of Kazakhstan of January 13, 2012 No. 45

Rules and conditions of issue of permissions to the foreign worker to employment, and also employers on attraction of foreign labor power and the foreign workers translated within the internal translation

1. General provisions

1. These rules and conditions of issue of permissions to the foreign worker to employment and employers on attraction of foreign labor power, and also the foreign workers translated within the internal translation (further – Rules), are developed according to the laws of the Republic of Kazakhstan of January 23, 2001 "About employment of the population" and of July 22, 2011 "About population shift".

Rules determine procedure and conditions of issue of permissions to the foreign worker to employment and employers on attraction of foreign labor power, and also the foreign workers translated within the internal translation.

2. Attraction of foreign labor power is performed based on the quota established by the Government of the Republic of Kazakhstan.

3. In these rules the following basic concepts are used:

1) the business immigrant - the immigrant who arrived for the purpose of implementation of business activity according to the legislation of the Republic of Kazakhstan;

2) vacancy - free workplace (position) at the employer;

3) authorized body on work - the state body of the Republic of Kazakhstan enabling the realization of state policy in the sphere of employment relationships according to the legislation of the Republic of Kazakhstan;

4) employer - legal entity or physical person with which the worker consists in employment relationships;

5) the program for increase in local content in personnel - the planned and carried out employer having the contract according to the production sharing agreement signed with competent authority or the Government of the Republic of Kazakhstan package of measures, approved by competent authority and authorized body on work, including professional training, retraining or advanced training of the workers - citizens of the Republic of Kazakhstan, carried out for the purpose of systematic increase in local content in personnel of this employer;

6) the guarantee fee - the money contribution providing guarantee of departure out of limits of the Republic of Kazakhstan of the foreign worker and the seasonal foreign worker after cancellation of permission to attraction of foreign labor power;

7) the internal translation – temporary for the term determined by the employment contract, but no more than three years, with the prolongation right for one year the translation of the foreigner or stateless person performing labor activity to positions of the head, manager or specialist in the legal entity founded in the territory of the country – the member of the World Trade Organization, being and acting outside the territory of the Republic of Kazakhstan, in branches, the affiliated organizations, representations of this legal entity founded in the territory of the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan;

8) the immigrant - the foreigner or the stateless person which arrived to the Republic of Kazakhstan for temporary or permanent residence;

9) competent authority - the central executive body enabling the realization on behalf of the Republic of Kazakhstan of the rights connected with the conclusion and execution of contracts for investigation, production, the combined exploration and production, except for contracts for investigation, production of popular minerals, determined by the Government of the Republic of Kazakhstan if other is not established by the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan;

10) payroll number of workers - the number of persons accepted based on employment contracts, irrespective of the term of their conclusion except persons performing works on agreements of civil nature and also the workers who signed the employment contract about part-time job with one employer;

11) the seasonal foreign worker - the immigrant attracted for work as the employer to accomplishment of seasonal works which owing to climatic or other environment are performed during the certain period (season), but no more than one year;

12) the list of persons for independent employment - the list of professions (specialties), according to appendix 1 to these rules, for independent employment in the Republic of Kazakhstan foreign workers;

13) authorized body - the structural division of local executive bodies of areas, cities of Astana and Almaty providing assistance of employment of the population and social protection from unemployment at the regional level;

14) foreign labor power – foreigners and stateless persons involved by the employer for implementation of labor activity in the territory of the Republic of Kazakhstan including seasonal foreign workers, workers who are finding a job independently and also the foreign workers performing labor activity within the internal translation;

15) permission to attraction of foreign labor power and the foreign workers translated within the internal translation – the document of the established form according to appendix 2 to these rules issued by local executive body to the employer for attraction to the Republic of Kazakhstan of foreign labor power;

16) permission to the foreign worker on employment - the document of the established form according to appendix 3 to these rules issued by local executive body to the foreign worker entering the list of persons for independent employment of foreign workers in the Republic of Kazakhstan;

17) authorized body concerning population shift - the state body performing within the competence regulation of migratory processes and coordination of work in the field of population shift;

18) quota for attraction of foreign labor power - quantity of the foreign labor power attracted to implementation of labor activity in the territory of the Republic of Kazakhstan;

19) affiliirovanny face of the foreign legal entity - the legal entity founded in the territory of the Republic of Kazakhstan part of shares or share of which directly or indirectly belongs to this foreign legal entity;

20) foreign workers are the immigrants who arrived or attracted by employers to implementation of labor activity in the territory of the Republic of Kazakhstan including within the internal translation;

21) the country of outcome - the country which citizen is the foreigner performing labor activity in the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan.

4. Action of these rules does not extend to foreigners and persons without citizenship:

1) not being immigrants according to the Law of the Republic of Kazakhstan of July 22, 2011 "About population shift" (further - the Law) except for persons, no more than ninety calendar days which are in the territory of the Republic of Kazakhstan with the purposes, not the stipulated in Article 3 Laws;

2) constantly living in the Republic of Kazakhstan;

3) oralmans;

4) business immigrants;

5) received the status of the refugee or person who is looking for shelter;

6) being the immigrants arriving for humanitarian motives according to the Law of the Republic of Kazakhstan of July 22, 2011 "About population shift";

7) convicts on sentences of courts of the Republic of Kazakhstan to imprisonment, conditionally, to the punishments which are not connected with isolation from society;

8) being the victims of human trafficking for the production on specific criminal case connected with human trafficking to the introduction in legal force of the court verdict;

9) at least three years driving to the Republic of Kazakhstan for the purpose of reunion of family, reached full age age, being the spouse (oh) of the citizen of the Republic of Kazakhstan and married, recognized by the legislation of the Republic of Kazakhstan;

10) studying full-time and at the same time working in educational institutions of the Republic of Kazakhstan in non-study time;

11) being in official journey, with the business purposes which term does not exceed totally hundred twenty calendar days within one calendar year

5. Action of these rules does not extend to foreign workers:

1) being citizens of the State Parties of the Agreement on the Eurasian Economic Union of May 29, 2014;

2) the branches working as the first heads or representations of foreign legal entities;

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